Proceeds of Crime Act 1991

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Part 1
Preliminary provisions

Interpretation

2 Interpretation

  • (1) In this Act, unless the context otherwise requires,—

    Confiscation order means a forfeiture order or a pecuniary penalty order

    Criminal proceedings, in relation to a foreign serious offence, has the same meaning as in the Mutual Assistance Act

    Criminal proceedings: this definition was inserted, as from 1 April 1993, by section 2 Proceeds of Crime Amendment Act 1992 (1992 No 87).

    Document has the same meaning as in section 2(1) of the Official Information Act 1982

    drug-dealing offence means any offence against section 6 of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug, a Class B controlled drug, or a Class C controlled drug, in relation to which the amount, level, or quantity at and over which the drug is presumed to be for supply is specified in Schedule 5 of that Act

    drug-dealing offence: this definition was substituted, as from 22 June 2005, by section 23 Misuse of Drugs Amendment Act 2005 (2005 No 81).

    Encumbrance, in relation to property, includes any interest, mortgage, charge, right, or claim in respect of the property

    Financial institution means any person (including a body of persons whether incorporated or not), who carries on the business of borrowing and lending money, or providing financial services, or both; and without limiting the generality of the foregoing includes—

    • (a) A life insurance company, being a company as defined in section 2 of the Life Insurance Act 1908; and includes any branch, division, or office of that company; and

    • (f) A specified person or class of persons (including a body or bodies of persons, whether incorporated or not) engaged in the business of borrowing and lending money, or providing financial services, or both, who is or are declared by the Governor-General, by Order in Council, to be a financial institution or institutions for the purposes of Part 5 of this Act:

    Foreign drug-dealing offence has the same meaning as in the Mutual Assistance Act

    Foreign drug-dealing offence: this definition was inserted, as from 1 April 1993, by section 2 Proceeds of Crime Amendment Act 1992 (1992 No 87).

    Foreign forfeiture order has the same meaning as in the Mutual Assistance Act

    Foreign forfeiture order: this definition was inserted, as from 1 April 1993, by section 2 Proceeds of Crime Amendment Act 1992 (1992 No 87).

    Foreign pecuniary penalty order has the same meaning as in the Mutual Assistance Act

    Foreign pecuniary penalty order: this definition was inserted, as from 1 April 1993, by section 2 Proceeds of Crime Amendment Act 1992 (1992 No 87).

    Foreign restraining order has the same meaning as in the Mutual Assistance Act

    Foreign restraining order: this definition was inserted, as from 1 April 1993, by section 2 Proceeds of Crime Amendment Act 1992 (1992 No 87).

    Foreign serious offence has the same meaning as in the Mutual Assistance Act

    Foreign serious offence: this definition was inserted, as from 1 April 1993, by section 2 Proceeds of Crime Amendment Act 1992 (1992 No 87).

    Forfeiture order means an order under section 15(1) of this Act

    Interest, in relation to property, means—

    • (a) A legal or equitable estate or interest in the property; or

    • (b) A right, power, or privilege in connection with the property:

    international crime has the same meaning as in section 4(1) of the International Crimes and International Criminal Court Act 2000

    international crime: this definition was inserted, as from 1 July 2002, by section 187(1) International Crimes and International Criminal Court Act 2000 (2000 No 26). See clause 2(f) International Crimes and International Criminal Court Act Commencement Order 2002 (SR 2002/131).

    Minister means the Minister of Justice

    Monitoring order means an order under section 77(1) of this Act

    Mutual Assistance Act means the Mutual Assistance in Criminal Matters Act 1992

    Mutual Assistance Act: this definition was inserted, as from 1 April 1993, by section 2 Proceeds of Crime Amendment Act 1992 (1992 No 87).

    Official Assignee means the Official Assignee for New Zealand

    Pecuniary penalty order means an order under section 25(1) of this Act

    Proceeds, in relation to a serious offence, means any property that is derived or realised, directly or indirectly, by any person from the commission of the offence

    Production order means an order under section 69(1) of this Act

    Property means real or personal property of any description, whether situated in New Zealand or elsewhere and whether tangible or intangible; and includes an interest in any such real or personal property

    Relevant application period, in relation to a person's conviction of a serious offence, means the period of 6 months after—

    • (a) The day on which the person was convicted, where section 3(1)(a) of this Act applies:

    • (b) The day on which the person was discharged without conviction, where section 3(1)(b) of this Act applies:

    • (c) The day on which the person is treated as having absconded in connection with the offence, where section 3(1)(c) of this Act applies:

    Relevant serious offence or relevant offence, in relation to tainted property, means the offence by reason of the commission of which the property is tainted property

    Restraining order means an order under section 42 of this Act

    Serious offence means an offence punishable by imprisonment for a term of 5 years or more

    tainted property,—

    • (a) in relation to a serious offence, means—

      • (i) property used to commit, or to facilitate the commission of, the offence; or

      • (ii) proceeds of the offence; and

    • (b) when used without reference to a particular offence, means tainted property in relation to any serious offence; and

    • (c) in relation to a serious offence that is an offence against section 8(1) or (2A)of the Terrorism Suppression Act 2002, includes funds (as defined in section 4(1) of that Act) allocated for the purpose of committing that serious offence; and

    • (d) in relation to a foreign serious offence that, if committed within the jurisdiction of New Zealand, would correspond to an offence against section 8(1) or (2A)of the Terrorism Suppression Act 2002, includes funds (as so defined) allocated for the purpose of committing that foreign serious offence

    tainted property: this definition was substituted, as from 18 October 2002, by section 81 Terrorism Suppression Act 2002 (2002 No 34).

    tainted property: paragraph (c) of this definition was amended, as from 22 June 2005, by section 8 Terrorism Suppression Amendment Act 2005 (2005 No 83) by substituting the expression “section 8(1) or (2A)” for the expression “section 8(1)”.

    tainted property: paragraph (d) of this definition was amended, as from 22 June 2005, by section 8 Terrorism Suppression Amendment Act 2005 (2005 No 83) by substituting the expression “section 8(1) or (2A)” for the expression “section 8(1)”.

    (2) A reference in this Act to a person being charged with an offence is a reference to an information being laid against the person for the offence.

    (3) A reference in this Act to a benefit derived by a person includes a reference to—

    • (a) A benefit derived, directly or indirectly, by the person; and

    • (b) A benefit derived, directly or indirectly, by another person at the request or direction of the first person.

    (4) For the purposes of this Act, 2 serious offences are related to one another if the elements of the 2 offences comprise substantially the same act or omission.

    (5) For the purposes of this Act, a person is proceeded against by indictment for an offence if proceedings against that person for that offence are commenced by the laying of an information in form 2 in Schedule 2 to the Summary Proceedings Act 1957.